Partition Actions in Downey
Downey is a city located in southeastern Los Angeles County, California, United States, 13 miles (21 km) southeast of downtown Los Angeles. It is considered part of the Gateway Cities region of southeastern Los Angeles County. Downey is the birthplace of the Apollo space program and is the home of the oldest still operational McDonald’s restaurant in the world. It is also the home of the oldest still operational McDonald’s restaurant in the world, opened in 1953. The city is home to many historic sites, including the Columbia Memorial Space Center, the Downey Civic Light Opera, and the Downey Museum of Art. The city is also home to many parks, including Furman Park, Downey Landing, and Rio San Gabriel Park.
According to Zillow, the median home value in Downey, California is $541,400 as of 2021. As of 2020, the population of the California city of Downey is 113,717.
Experienced Real Estate Partition Action Attorneys Serving Downey
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
Gates v. Salmon – Partition Action Case Study
In the legal case of Gates v. Salmon, 35 Cal. 576 (1868), the issue of partition was at the center of the dispute. The case involved two parties, Gates and Salmon, who had jointly purchased a piece of land. The two parties had agreed to divide the land into two equal parts, but Salmon had failed to do so. Gates then filed a lawsuit against Salmon, seeking a court order to compel Salmon to divide the land into two equal parts. The court ultimately ruled in favor of Gates, ordering Salmon to divide the land into two equal parts. The court also ordered Salmon to pay Gates for any damages caused by his failure to divide the land. This case serves as an example of how partition issues can arise in real estate transactions and how the court can intervene to resolve such disputes.
Contact our Team of Experienced Partition Lawyers Serving the City of Downey in the County of Los Angeles, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (562) 600-3300 or contact us online for a free consultation about your co-ownership issues.